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PRESENTED BY 



UNITED STATES OF AMEEIOA. 



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ADDRESS 



OF 



Mr. S. TEACKLE WALLIS, 

Chairman of the Committee, 

with the reply of 
His Excellency, Gtovernor Whyte, 

Delivered in tlie Senate Ciiamber, at Annapolis, 
At tlxe I^nueilin^ of the Statue of 

Chief Justice Taney, 

W^ocemh^r lOth, 1872. 



BALTIMORE: 
Published by John Murphy & Co. 

182 Baltimore Street. 
1872, 



ADDRESS 



OF 



J^ 



Mr. S.'TEACKLE WALLIS, 

Chairman of the Committee, 



WITH THE REPLY OF 



His Excellency, Gtovernor Whyte, 



Delivered in the Senate Chamber, at Annapolis, 



At the I^nueilinc) of the Statue of 



Chief Justice Taney, 



Bcc^mbier lOth, i$72. 







BALTIMORE: J. ^ 
Published by John Murphy & Co. 

182 Baltimore Street. 
1872. 



.0 






'X' 



The ceremonies attendant upon the unveiling of the Statue 
erected by the State of Maryland, in honor of the late Chief Jus- 
tice Roger Brooke Taney, took place in the Senate Chamber, 
at Annapolis, at noon of December 10th, 1872. The Report and 
Address of the Committee were read by the chairman, Mr. S. T. 
Wallis, who in their name made formal delivery of the Monument 
to the Governor of the State. His Excellency, Governor Whyte, 
responded briefly and, when he had concluded, the company i)ro- 
ceeded to the grounds in front of the State House, where, upon 
the order of the Governor, the statue was uncovered. 

During the ceremony in the Chamber, the Governor occupied 
the place of the President of the Senate, the Judges of the Court 
of Appeals, with other prominent representatives of the Bench 
and Bar of the State, being upon one side, and the Officers of the 
Naval Academy, in full uniform, with Rear Admiral Worden at 
their head, being seated on the other. His Excellency remained 
standing during the delivery of Mr. Wallis' address. 



REPORT AND ADDRESS 



OF THE 



Chairman of the Committee. 

Your Excellency : 

By an Act of the General Assembly of Mary- 
land, passed at the Session of 1867, the sum of 
five thousand dollars was appropriated for " the 
buildino; or erectino- a suitable monument over 
the remains of the late Chief Justice Roger B. 
Taney, on some suitable site in the State House 
yard, or in the State House itself," and Messrs. 
G. Frederick Maddox, of St. Mary's county, Chas. 
E. Trail and Hugh McAleer, of Frederick county, 
.James T. Earle, of Queen Anne's county, Henry 
Williams, of Calvert county, and George M. Gill 
and S. T. Wallis, of Baltimore city, were appointed 
a committee to carry into effect the provisions of 
the statute. Upon the organization of the com- 
mittee, it was found to be their unanimous desire 
that the execution of the proposed work should 
be entrusted to the distinguished sculptor, Mr. 
William H. Rinehart, a native and citizen of 
Maryland, for many years a resident of Rome. 
The amount appropriated being wholly insutfi- 
cient, not only to compensate the labors of so 



6 



eminent an artist, but even to meet the necessary 
cost of a monument at all worthy of the State 
and the occasion, the committee entertained seri- 
ous doubts of their ability to discharge their 
duties satisfactorily, without further legislative 
provision. From this embarrassment they were 
happily relieved by the liberality and public spirit 
of the artist himself, who responded to their invi- 
tation by a prompt and unconditional acceptance 
of the commission. It is gratifying to the com- 
mittee to make official acknowledirment of their 
obligations to Mr. llinehart, for the cheerful readi- 
ness with which he not only undertook the work, 
but volunteered to be content with the honor of 
the commission as it stood, and the pride and 
pleasure of uniting with his fellow-citizens in 
their tribute to tlie illustrious dead. The com- 
mittee, of course, did not feel that it became them 
so far to tax the generosit}^ of any individual 
citizen, and particularly one to whom the State 
alreadv owed so much, for the reflected honor of 
his well-earned reputation. They, nevertheless, 
requested Mr. Rinehart to prepare them such 
design as seemed to him appro2:>riate, and the 
model of the present statue was accordingly sent 
forward, while the General Assembly of 1870 was 
in session. The engagement of Mr. Rinehart and 
the plan of his work were so acceptable to the 
members of both Houses, that an additional appro- 



printion of ten thousand dollars was at once made 
for the completion of the monument, according to 
his design, and under the direction of tlie original 
committee. It would be ungracious not to recog- 
nize the liberal and most becoming spirit in which 
this legislative action was taken, and its ^^erfect 
accord with the deep and spontaneous feeling 
which had welcomed the first appropriation. 

The Legislature of 1867, as appears by the Act 
of that date^ had contemplated the removal of the 
remains of Chief Justice Taney to the Capital of 
the State, and the erection of the monument above 
them. The suggestion, in itself, was eminently 
appropriate, for many reasons. It was here that, 
as a student, he had laid the deep and broad 
foundations of his professional learning and suc- 
cess. In the chamber where we meet to-day, to 
do him honor — and to whose historical associa- 
tions this scene will add another, not the least — 
he sate^ for years, a Senator of Maryland, the peer 
of the distinguished men who sate around him, 
when no legislative body in the Union surpassed 
that Senate in dignity, ability, or moral eleva- 
tion. In the Chamber there, above us, where the 
honorable Judges, who join us in this tribute to 
his memory, uphold the ancient credit of the 
State's Appellate Bench, at the zenith of his 
reputation as advocate and counsel and in the 
very ripeness of his powers, he shone, the leader 



8 

of the bar of Maryland, its actual not less than 
its official head. And those were days too, when 
to lead it was to walk in the footsteps of Pinkney 
and be measured by the measure of his genius. 
If, therefore, he had slept beneath this dome, or 
in its shadow, it w^ould have been with the dwell- 
ing-places of his fame about him, surrounded by 
the olden and consecrated memories of the State, 
which was but a revolted colony when he was 
born. 

But the wishes of the Chief Justice himself, 
upon that subject, had been too strong and were 
too sacred, to be violated by his children, even 
for the gratification of the public desire. The 
quiet town of Frederick, the theatre of his earlier 
professional distinction, was hallowed to him by 
the grave of his mother, and when he left it, in 
mid life, for larger spheres of usefulness and 
honor, he exacted the pledge, from those who 
loved him, that he should be laid beside her 
when he died. Nor was this the outbreak of 
fresh grief or transient sentiment or feeling. — 
Through all his life of toil and struggle, ambi- 
tion, reward and disappointment, it was his dear- 
est longing; and there is something inexpressibly 
touching in the warmer and more anxious hope 
with which the world-worn man clung fast to it, as 
the period drew nearer for its consummation. 
The literature of the Enc-lish tongue has nothins' 



9 



that exceeds in mournful tenderness and grace 
the expression which he gave to it, in a letter 
written but a little while before the pledge of 
friendship was redeemed. Such a feeling — so 
devoted, and cherished for so long — it would 
have been next to sacrilege to disregard, and the 
Legislature of 1870 respected it accordingly, by 
withdrawing from the appropriation of their pre- 
decessors and their own all but the one condition, 
which required the monument to be erected 
where it stands. The final selection of that 
locality, with its exposure, rendered it expedient 
that the statue should be cast in bronze, and the 
Legislature, therefore, so directed. 

With the erection of the monument, the pre- 
scribed duties of the committee which I have the 
honor to represent were substantially ended, but 
in view of the time which must elapse before 
another session of the General Assembly, they 
have deemed it due to the dignity of the occasion 
respectfully to invite the official intervention of 
your Excellency, in delivering the finished work 
to the people of the State. It would have been 
a pleasure to them, if they could have felt at 
liberty to anticipate the wishes of the Legisla- 
ture, or have ventured to ask that your Excel- 
lency would gratify your own, by authorizing a 
more formal celebration than this quiet homestead 
gathering. 



10 



As a few moments will disclose to us, the artist 
has chosen to present us his illustrious subject in 
his robes of office, as we saw him when he sate in 
judgment. The stature is heroic, but, with that 
exception, the traits of nature are not altered or 
disguised. The weight of years that bent the 
venerable form has not been lightened, and the 
lines of care, and sutfering, and thought, are as 
life traced them. But, unless the master's hand 
has lost its cunning, we shall see not merely the 
lineaments we knew, but traces of the soul which 
illuminated and informed them. The figure has 
been treated by the artist in the spirit of that 
noble and absolute simplicity which is the type 
of the highest order of greatness, and is therefore 
its grandest, though its most difficult expression, 
in art. The sculptor deals easily enough with 
subjects which admit of ornament and illustra- 
tion, or address the passions or the fancy. The 
graces he can lend his work — the smiles with 
which it wins us — the beautiful or joyous images 
or thoughts with which he can surround it— each 
is to us an open leaf of the fair poem which he 
writes in bronze or marble. Like the chorus of 
a drama, they tell, even for the worst of poets, far 
more than half his story. Another task indeed 
it is, to embody in a single image the expression 
of a great historic life, so that standing severe and 
apart, it shall be its own interpreter, forever, to the 
generations of men. 



11 



The pathway of a great judge does not lead 
through the realms of fancy. Neither in reality 
nor in retrospect is there much of the flush of 
imagination upon it or about it. With such a 
career Art cannot deal, nor History, as with those 
brilliant lives, which dazzle while they last and 
are seen only through a halo when they are over. 
The warrior, the orator, the poet — each in his way 
— is linked with the imagination or enthusiam of 
mankind ; and so the broken sword, the unstrung 
lyre, the shattered column with its cypress wreaths, 
all have their voices for the common heart. But 
the atmosphere of pure intellect and dispassionate 
virtue, serene although it be, is far too cold for 
ordinary sympathies to live in. The high minis- 
ters of human justice are segregated from their 
fellows, by their very function, which shuts out 
favor and atiection. Fidelity to the oblio-ation 
which withdraws them from the daily interests 
and passions and almost from the converse of 
society, is the patent of their nobility in their 
great office. The loftier the nature, the more 
complete its isolation, to the general eye — the 
fewer the throbs which answer to its j^ulses. — 
Such men may be cherished and beloved, in the 
personal and near relations which are the dearest 
blessing of all lives. They may be venerated and 
revered, so that all heads shall be bowed and un- 
covered when they pass. But they go, when life 



12 

closes, into tlio cliainber of heroes, fated to dwell 
afar off, only, in the memories and minds of men. 
When the <:>Teat citizen whose imaa-e is beside 
us walked, in his daily walk, amid om^ reverence, 
the simple beauty of his private life was all before 
us. We can recall his kindly smile, his open 
hand, his gracious, gentle speech. The elders of 
our generation will remember how his stormy 
nature was subdued, by duty and religion, to the 
temperance, humility and patience wdiich we knew. 
All of us saw and wondered how domestic sorrows, 
the toils and trials of his station, old age, infirmity 
of body, ingratitude, injustice, persecution, still left 
his intellect unclouded, his courage unsubdued, his 
fortitude unshaken, his calm and lofty resignation 
and endurance descending to no murmur nor re- 
sentment. These things the sculptor is not called 
to tell to those who shall come after us. The pen 
of the biographer has worthily recorded them, and 
just posterity will read what he has written. The 
image of the Magistrate and Ruler^ as the world 
was wont to see him, is all that the chisel be- 
queaths to immortality — his image, as History 
shall see it, when, ashamed of the passions of our 
day, she shall be once more reconciled with Truth. 
With this noblest of the tasks of Art, only genius 
may deal fitly — yet genius has dealt with it, and 
its difficulties, overcome, are the glory and the 
triumph of genius. 



13 

Thus, then, to-day, sir, the State of Maryland, 
with grateful reverence and pride, commemorates 
a life, than which few greater, and none loftier or 
purer, shall dignify the annals of our country. It 
was a life coeval with her own, and a part of her 
own, and she honors what she knew. It was a 
life of patriotism, of duty, and of sacrifice ; a life 
whose aim and eftbrt, altogether, were to be, and 
do, and bear, and not to seem. The monument 
her people rear to it is scarcely less her monu- 
ment than his to whom it rises. What changes 
shall roll round it with the rolling seasons ; 
whether it shall survive the free institutions of 
which Taney was the worshipper and champion, 
or shall see them m-ow in stabilitv, security and 
splendor ; whether it shall witness the develop- 
ment and beneficent expansion of the constitu- 
tional system which it was the labor of his life 
and love to understand and to administer, or 
shall behold it, 

" Like ti circle in the water. 
Which never ceaseth to enhu-ge itself, 
Till, hy hroad spreadint;;, it disperse t<) naught " — 

are questions which men will answer to them- 
selves, according to their hopes or fears — accord- 
ino' to their trust, it mav be, in the Mercv and 
Providence of God. But Maryland has done her 
part for good, in this at least, that she has made 
imperishable record, for posterity, of the great 



14 



example of lier son. She has buikled as it were 
a shrine to those high civic qualities and public 
virtues, without which, in their rulers, republics 
are a sham, and freedom cannot long abide among 
a i^eople. 

It was, I was about to say, the sad mischance — 
but, in a higher though more painful sense, the 
privilege and fortune — of Chief Justice Taney, to 
till his place in times of revolution and unparal- 
leled convulsion — when blood boiled in the veins 
of brethren, till it was red upon a million hands. 
In such a crisis, no man so conspicuous as he, and 
yet so bound to shun the rancor of the strife, could 
hope for freedom from distrust and challenge. A 
soul, brave and tenacious as his was — so sensitive 
to duty, and so resolute to do it — provoked injus- 
tice not to be appeased, and dared reproaches 
which he might not answer. His constitutional 
opinions were already part of the recorded juris- 
prudence of the country, and he could not change 
them, because the tempest w^as howling. It was 
the conviction of his life that the Government 
under which we lived was of limited powers, and 
that its Constitution had been framed for war as 
well as peace. Though he died, therefore, he 
could not surrender that conviction at the call 
of the trumpet. He had plighted his troth to 
the Liberty of the Citizen and the Supremacy of 
the Laws, and no man could put them asunder. 



15 

Whatever might be the riglit of the people to 
change their Crovernmeiit, or overthrow it, he 
believed that the duty of the judges was simply 
to maintain the Constitution, while it lasted, and, 
if need Avere, defend it to the death. He knew 
himself its minister and servant only — ^not its 
master — commissioned to obey and not to alter. 
He stood, therefore, in the very rush of the tor- 
rent, and, as he was immovable, it swept over 
him. He had lived a life so stainless, that to 
question his integrity was enough to beggar the 
resources of falsehood and make even shameless- 
ness ashamed. He had given lustre and autho- 
rity, by his wisdom and learning, to the judgments 
of the vSupreme Tribunal, and had presided over 
its deliberations with a dignity, impartiality and 
courtesy which elevated even the administration of 
justice. Every year of his labors had increased 
the respect and affection of his brethren and 
heightened the confidence and admiration of the 
profession which looked up to him as worthily 
its chief. And vet he died, traduced and ostra- 
cised, and his image was withheld from its place 
in the chamber which was filled already with his 
fame. 

Against all this, the State of Maryland here 
registers her protest in the living bronze. She 
records it in no spirit of resentment or even of 
contention, but silently and proudly — as her ill us- 



16 



trioiis son, without a word, committed his reputa- 
tion to the justice of his countrymen. Nor doubts 
she of the answer that posterity will make to her 
appeal. Already the grateful manhood of the 
people has begun to vindicate itself and him. 
Already, among those whose passion did him 
wTong, the voices of the most eminent and 
worthy have been lifted, in confession of their 
own injustice and in manly homage to his great- 
ness and his virtues. Already the waters of the 
torrent have nearly spent their force, and high 
above them, as they fall, unstained by their pol- 
lution and unshaken by their rage, stands where 
it stood, in grand and reverend simplicity, the 
auo-ust fio-ure of the 2,reat Ohief Justice ! 



GOVERNOR WllYTE'S REPLY. 

Governor Wliyte proceeded to reply from liis 
place. He said: 

Accustomed, almost from the cradle, to revere 
the name of Taney as the synonym of all that 
IS just and good, I dare not now give utterance 
to my private feelings, but must needs confine 
myself to the cold formality of official duty.— 
Maryland had already reared a stately column 
to him who was "first in war, first in peace, and 
first in the hearts of his countrymen," and it was 
the duty, as it has been the pleasure of the State, 
to hand down to posterity, as in this memorial of 
molten bronze, an enduring tribute of affection 
and regard for her own illustrious son, upon 
whose shoulders the judicial ermine lay, stain- 
less as the virgin snow. 

In accepting your report and taking the statue 
into the permanent custody of the State, I should 
be remiss in duty, as its representative, did I not 
thank you for your willing and faithful discharge 
of the obligation laid upon you, and I congratulate 
the State that your voluntary choice of the artist 
to execute the legislative resolve, has fallen upon 
one of her own honored children. In his presence 
and in advance of the exposition of his finished 
work, delicacy forbids my further comment. 



18 

There must be^ I think, general concurrence of 
sentiment that this is not the appropriate occasion 
for an extended eulogy upon the life and character 
of the late Chief Justice, (if, indeed, a life of "apos- 
tolic simplicity" be not its own best eulogist,) but 
it will be my privilege, in response to an apparent 
popular demand, to make suggestions to the Gen- 
eral Assembly that a proper moment and an apt 
orator be selected to do justice to his preeminent 
judicial services and to commemorate his private 
virtues in the presence of the two Houses, in each 
of which, at times during his long and useful life, 
he was a distinguished actor, and much of whose 
legislation bears the impress of his master hand. 









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